Agenda item

(a) That Planning Officers be instructed to immediately cease providing pre-application advice to the developers of the Regent Cinema. Cabinet noted that the developers had recently been advised by the Chief Executive that the pre-application advice process had been exhausted and that they should proceed with a planning application as soon as possible.

This had happened and no further pre-application advice had been provided since October 2016.

(b) That the developer be given 3 months to submit an outline planning application and 6 months to submit a full planning application for the Regent Cinema building and, if these deadlines are not met, the Council take enforcement action in respect of the building.

No planning application had been received during the 6 months and the Council had received no indication of an imminent application.

(e) That an immediate inspection of the Regent Cinema building be undertaken by Officers to look at whether a Section 215 notice can be issued and a report be provided to a future meeting of the Scrutiny (Policy and Performance) Committee outlining the action taken. Cabinet noted that Officers had visited the site the preceding week, and that the Section 215 process could potentially take up to 5 months should the developer appeal against the notice.

An inspection had been undertaken and works had been carried out to the Council’s satisfaction. There was therefore no need to take action under Section 215 at present. However, if the building were to deteriorate in the future the Council could still take action under Section 215.

(g) That a local Fire Officer be requested to conduct an immediate inspection of the Regent Cinema building. Cabinet noted that the request had already been made and the outcome was awaited. All options were considered.

The fire officer had also visited and no concerns had been raised over fire safety.

(h) That the Director of Environment and Corporate Assets be requested as a matter of urgency to investigate if the condition of the Regent Cinema building is adversely affecting the Timeball Tower and take appropriate action. Cabinet noted that this matter was being investigated.

Members were advised that there were no structural concerns over the Regent Cinema building.

(j) That a report be submitted to a future meeting of the Scrutiny (Policy and Performance) Committee on the feasibility of the Council undertaking a Compulsory Purchase Order in respect of the Regent Cinema building in the event the developer does not take the requested actions. Cabinet noted that the

Compulsory Purchase procedure should be considered as a measure of last resort and that provision of a report should be subject to the expiry of the planning application deadlines at (b) above.

The Director of Governance advised that a Compulsory Purchase Order (CPO) could not be discussed until after the conclusion of purdah.

The Chief Executive reminded Members that the CPO for the St James’s Development in Dover had a back-to-back agreement in place with the developer and any successful CPO application would need to demonstrate a credible plan for the future of the Regent Cinema. This would need to be provided by a new potential developer as the Council did not intend to become a cinema operator.